Ever wonder how you can hold a trucking company accountable after a crash?
Life-changing injuries in commercial truck crashes are every driver’s worst fear. These vehicles are massive compared to passenger vehicles. When big rigs collide with regular cars…bad things happen.
The issue: Many motorists don’t know where to even begin when seeking justice from a trucking company. Truck accidents are different than regular car crashes. Federal regulations come into play, liable parties are increased, and truck insurance companies will aggressively fight to pay as little as possible.
If you don’t hold these large companies accountable the correct way, injured motorists get taken advantage of.
Thankfully there are legal avenues victims can take to help ensure they receive the compensation they deserve. Partnering with a trusted trucking accident attorney that has experience with commercial truck crash injuries is one of the best decisions any victim can make after an 18-wheeler collision.
You’ll learn:
- Why truck crashes are different from regular accidents
- Who can be held liable?
- What legal avenues are available to injured motorists
- What steps you should take after a commercial truck crash
Why Truck Crashes Are Different From Regular Accidents
Typical car accidents don’t even compare to truck accidents.
The statistics are alarming. The NHTSA’s latest reporting showed 5,472 fatalities during motor vehicle crashes that involved large trucks in 2023.
And while that number is tragic by itself, here’s what you should really pay attention to…
Almost 70% of those killed were occupants of non-truck vehicles. Truck drivers make up about 15% of deaths in large truck crashes. That means if you drive a passenger vehicle, you have a higher risk of being killed by a truck than by the truck driver themselves.
Personal injury passengers, pedestrians, and cyclists are also at risk.
That’s because physics 101 isn’t on smaller vehicle occupants’ side. When 80,000 pounds crushes into 4,000 pounds, it’s only catastrophic for the smaller vehicle 99% of the time.
But that’s not the only reason why truck crashes are different.
Due to the size of these trucks:
- Trucking companies must adhere to federal regulations. The FMCSA has rules regarding a driver’s time behind the wheel, vehicle maintenance, cargo loading, etc.
- There can be multiple liable parties. Truck drivers, trucking companies, cargo loaders, and truck manufacturers could potentially all be blamed for the crash.
- Critical evidence can be lost in a matter of days. Digital data stored in trucks’ “Black boxes”, drivers’ logs, and maintenance records can be manipulated if not secured immediately after a crash.
These are just a few ways commercial truck crashes stand out from your average fender bender.
Who Can Be Held Liable?
Here’s a fact that surprises a lot of people…
Just because a big rig was involved in a crash does NOT always make the driver at fault.
Truth is, there can be multiple parties that are responsible for what happened. Identifying every party that holds some liability is a huge part of the legal process.
Trucking companies are typically the first party an injury attorney will target. These companies have a responsibility to hire competent drivers, maintain their trucks, and enforce rules that protect everyone on the road. If they hire unsafe drivers, skip recommended maintenance, or pressure drivers to hit unrealistic deadlines, they can be liable for crashes.
Drivers can be liable if they were speeding, distracted, driving drowsy, or driving under the influence. Drowsy driving crashes are more common than you think. There are FMCSA laws limiting how long truckers can drive without stopping but some drivers ignore them.
There are even third parties that can be blamed if certain conditions are met. Things like:
- Companies that load cargo onto trucks and fail to secure or overweight their freight
- Maintenance companies that don’t fix known issues
- Parts companies who sell defective components that cause a crash
You get the point.
It’s rare that only one person or party is responsible for a truck crash.
The Legal Avenues Available to Injured Motorists
Great, now that we know who can be held liable…what can injured motorists actually do about it?
Well, there are a few legal paths that should be considered.
Personal Injury Lawsuits: Negligence Claims
This is going to be the most common thing you’ll see. In order to file and win a negligence lawsuit, the injured person must prove that the truck driver or company failed to do something that a reasonable person would do to prevent the crash.
Let’s say a trucking company allowed a driver to breach the federal hour of service limit. If that driver crashes because they were asleep at the wheel, that’s negligence on the company’s part. Or if a trucking company neglected to perform brake inspections suggested by their maintenance team, that’s negligence.
If it can be proven that the truck driver or trucking company acted negligently, a personal injury lawsuit can be filed.
Wrongful Death Lawsuits
Every year thousands of Americans die in preventable truck crashes. If someone passes away due to their injuries from a crash with a big rig, a wrongful death lawsuit can be filed.
Wrongful death lawsuits allow surviving family members to seek compensation for lost income, medical expenses, and suffering.
Product Liability Lawsuits
Not all truck crashes are the driver’s fault. Defective tires, brakes, and steering components have been known to cause truck crashes. In these cases, a product liability claim can be filed against the company that manufactured the defective product.
Regulatory Violations
Violating federal trucking regulations can open trucking companies up to additional liability if those violations contributed to or caused a crash. Examples would be:
- Driver falsifying their logs
- Trucking companies requiring drivers to violate hours-of-service regulations
- Trucking companies neglecting required vehicle inspections
Any large trucking company will have a team of attorneys on their payroll. Having a law firm that knows how to hold big companies accountable is essential.
Steps to Take After a Commercial Truck Crash
Figuring out what can be done is only half of the battle. To maximize the chances of winning a case and holding negligent parties accountable, certain steps need to be taken following a crash.
Get medical attention. Some truck crash injuries are invisible at the scene. Rib fractures, traumatic brain injuries, and internal bleeding can take days to reveal themselves. Getting checked out by medical professionals immediately creates a record of injuries.
Document everything. Pictures of the crash scene, witness information, and the truck’s license plate and company name. The more evidence taken from the scene, the better.
Don’t give statements to insurance companies. Truck insurance companies have teams of professionals that know how to limit what they pay injured victims. Any statements made can and will be used to reduce a settlement or deny a claim.
Contact a lawyer ASAP. Truck crash cases have a quick turnaround. Preserving evidence and filing the correct legal paperwork take time. Waiting too long to hire an attorney could mean losing the ability to sue.
Simple enough, right?
Wrap Up: Holding Trucking Companies Accountable
Knowing how to hold trucking companies accountable takes knowledge, the proper evidence, and a capable attorney.
Commercial truck crashes can be devastating to victims and their families. Anyone involved in an 18-wheeler accident should take their case seriously.
Let’s review…
- Truck crashes are much more complicated than passenger vehicle accidents
- There can be more than one party blamed for a truck crash
- Injured motorists have a few legal avenues they can pursue
- Preserving evidence and seeking legal counsel quickly is key
Now that the legal avenues are clear, it’s time to take action.
